Terms & Conditions Of Business

 

This website is owned & operated by Daniel Thomas Group and by accessing the content of this website you agree to be bound by the terms and conditions set out herein and you accept our privacy policy. These terms and conditions set forth the terms & conditions under which you may use our website or any other services offered by us and they apply to all business conducted by us whether through this website, by telephone, verbally in person, by email, by text SMS message, social media platforms or by any other means. 

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For the purposes of interpretation & definition in these terms & conditions you may be referred to as: You, Your, User, Buyer, Purchaser, Seller, Customer, of this website, by telephone, by email or in person and/or on behalf of any business you may represent and you acknowledge that any use of this website or any business concluded between us using any other process including any transactions you make via this website, by telephone, email, post or in person or by any other method are subject to the terms and conditions below. We may be referred to as: we, us, our, seller, supplier, Daniel Thomas Group. Goods may be referred to as: Goods, Stock, Supplies, Merchandise, Product/s, Item/s.

All prices exclude vat. All goods sold by Us are sold as a 'trade sale' and as a customer purchasing via this site you are not covered by legislation that protects 'non trade' consumers and this is regardless of the type of products sold by us. By purchasing from us you confirm that you are doing so in the course of business and not as a consumer and have authority to act on behalf of any business you complete the transaction for. All sales are final once ordered & paid for and no returns, refund, cancellation or credit will be allowed for any reason including previously undiscovered defects or discrepancies with the goods, the description, quantities or otherwise unless agreed by us in writing. Any agreement by us to cancel an order, accept a return or offer a refund/credit is subject to the purchaser bearing all picking/delivery/transport/payment processing costs for the return of the goods as well as any initial outgoing delivery costs of the goods unless otherwise agreed by us in writing. In addition, a re-stocking fee of 10% of the sale price of the goods (exc. vat) will also be payable by the purchaser on any goods we accept as a return or on any orders we agree to cancel prior to dispatch if they have already been picked. Any other non-refundable transport/delivery/shipping/processing costs in connection with any purchase regardless of whether the service has been used or not will be payable by You the customer. Any discrepancies or damage must be reported to us in writing within 24 hours of delivery. If we accept a cancellation of an order prior to dispatch of goods then we reserve the right to deduct any fees associated with this order from your payment/s before they/it is returned to you. Such fees may include picking, packing, transport bookings, payment processing fees or any other fees for time or labour that may be associated or linked to the order.

 

No statement made by any person as to the quality or condition of any merchandise on offer is to be relied upon for the purpose of making an offer to purchase. All goods are sold without any form of warranty or guarantee and full liability for any future issues with all merchandise will sit with the buyer and not Daniel Thomas Group or any of our associated companies or trading names/styles. Unless specifically covered by another term set out within these terms and conditions you will NOT be compensated if products develop a fault after resale by you to a third party or during future usage by you or any other party. This does not affect any statutory rights that you may have by law to the extent that such rights are not excluded or limited under these terms and conditions. Please ensure you read and understand all the terms and conditions prior to you making a purchase.

 

We reserve the right to cancel or delay any orders where we suspect fraud may be taking place or where we have not been given a full UK address to deliver to. We do not deliver to PO Boxes, BFPO or any other non-standard UK address unless otherwise agreed by us in writing.

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By purchasing from us you agree that the placing of any order with us using any method does not indicate that a contract exists between us. Acceptance of your order and hence a contract between us will be indicated & formed once goods are dispatched. We reserve the right to correct any mistakes or cancel any order where we have made a pricing error, we inadvertently under-price goods, or we are no longer able to supply a particular product for any reason. We will always contact you to ensure that any price change is acceptable or to notify you if the products are not available for any reason.

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Our delivery times are indicated on our website as a guide and while we endeavour to get your order to you as quickly as possible, we can not be held responsible for any delay to your delivery. It is your responsibility to ensure the goods arrive intact, un-opened, un-tampered with and un-damaged and once signed for are accepted as delivered complete and in good condition. Should you receive goods that look like they may have been tampered with, are damaged, opened or have had items removed you MUST contact us immediately by telephone prior to signing for the goods. If you are unable to reach us and take the decision to accept the goods then you must note it on the delivery paperwork, get the driver to sign next to your note and take a copy of the paperwork prior to handing paperwork back to the driver. You must also take photos while the driver is still there and ideally while the goods are still on the delivery vehicle and then inform us by email/telephone within 24 hours. If you fail to do the above then we may be unable to accept any claim from you or make a claim from the carrier.

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The stock is sold as shown on any advert listings and whilst we make every effort to ensure the stock & details are correct you may get some minor discrepancies with the supply of overstock, clearance stock, liquidation stock, bankrupt stock, excess stock due to its very nature. Overstock, clearance stock, liquidation stock, bankrupt stock, excess stock is generally believed to be in good condition unless otherwise notified by us but on occasions it may suffer from some soiled or damaged packaging and normal manufacturing defects and while we will try to inform you of any major issues to any stock/packaging that is noticed it may be possible that some issues are found after purchase and no warranty or guarantee whether expressed or implied is attached to any goods sold.

All stock is sold to YOU the buyer without guarantee as to fitness for purpose and on the understanding that You the purchaser will ensure that the goods are made safe and serviceable before re-sale. No warranty whether expressed or implied by law will attach to any such sale. It is the responsibility of YOU the purchaser to inspect the merchandise and arrange any safety inspections required for such products to ensure that all legal safety requirements required by law for the product being sold in the country it is being sold in are met prior to re-selling it to your customer or passing it onto another party for business or personal use. WE will assume that such an inspection has been made.

The Purchaser will indemnify Daniel Thomas Group from and against any claims whatsoever resulting directly or indirectly from the resale, passing on or use of any Merchandise purchased from us.

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If we advertise on our website through the product listing or inform you through any other advert or by any other method that any goods/products have a restriction on where they can be sold, then by purchasing the said goods you agree to abide by the restrictions as notified. By not adhering to this condition then YOU agree to wholly indemnify us/Daniel Thomas Group against any claims arising against us by YOU or any other third parties. We will always endeavour to inform our customers of any selling restrictions that have been notified to us on a product, either on the product listing on our website, third party websites or by other any other methods but will not be held responsible for any claims arising from you or any third parties against you for any issues regarding any products sold by you or sold by any third parties supplied by you regarding any restriction on the sale of any products. We also can not be held responsible for any issues/claims regarding the restriction/rejection of the listing/sale of any products by any third party selling platforms/websites/companies as some such companies may have their own rules in place of what can & can't be sold on their platforms or what documentation they may require from you regarding listing/selling a product on their platform and this is a matter between you & the company/website/platform involved. We are unable to supply any further paperwork for products apart from your sales invoice and by purchasing from us you agree that we will not be held liable for any claims or refund requests from you or any third parties in regards to this.

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All photos we provide for advertising or information purposes whether on our website, by email or by any other method are not to be used without our permission in writing and we give no guarantee that any photos used with or without our permission are free to do so and WE will not be held responsible for any claims from YOU or any third parties arising from the use of any photos by either YOU or any third parties that you may have supplied the goods to. YOU the purchaser agree to indemnify Daniel Thomas Group against any such claims arising from this condition.

The title/ownership of all goods is not legally transferred until complete cleared payment has been received by us. If payment is recalled by yourself or any other bank/payment services provider/merchant services provider/credit/debit card company then title/ownership of all goods covered by that payment will automatically revert to us and we have the right to request immediate return to us of said goods with transport to be paid by you.

 

If we suspect that you are advertising any of our stock when you haven't actually purchased it from us first then we may close your account with us. Holding an account with us does not authorise you to advertise any of our stock unless you have purchased and paid for it.

If goods are not collected or dispatched from our warehouse within 5 working days of agreement to purchase then storage charges may be added at our discretion regardless of whether the goods are paid for in full or in part payment unless otherwise agreed by us in writing. The cost will be based on number of pallets held (please contact us for current costs). Daniel Thomas Group also reserve the right to cancel any order not collected within 5 working days of the date of your order unless otherwise agreed by us in writing.

 

By selling any goods to us, all Sellers that we purchase goods from agree to pass full title of any goods purchased by us upon payment for the goods whether the payment comes from us or a third party that we have instructed to make payment and the seller agrees that full permission is granted to re-sell all goods without any restrictions on the sale of the goods on any sales platform online, physical or otherwise or geographic location by us or any other party that receives the goods directly or indirectly from us unless otherwise agreed in writing by email and agreement confirmation received back from us in writing by email. By selling to us, you also grant us or any other party that receives the goods from us directly or indirectly full permission for the use of any library images available online for the goods unless otherwise instructed to us in writing by email and agreement confirmation received back from us in writing by email. We reserve the right to claim back from the seller, any loss of monies incurred by us or claimed from us as a result of such restrictions not being informed to us in writing by email and being agreed back in writing by email from us prior to our purchase and/or collection of the goods. We also reserve the right to claim back from the seller any loss of monies incurred by us or claimed from us as a result of the use of any library images found online that are owned or controlled by the seller or their manufacturer, supplier, agent or any other associated party as a result of any limitations/restrictions as to the use of such photos not being informed to us prior to completion of the deal. 

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We reserve the right to withdraw from any offer made on goods where we believe the goods to have any connection with any unlawful practice or if the goods or quantities are not as described. The seller of all goods is responsible for ensuring that full & proper title of all goods is granted without any re-selling restrictions and where this is found not to be the case we reserve the right to a full refund of monies paid including any costs incurred with connection of the collection, delivery, advertising, loss to any third parties including their costs or otherwise of the goods.  

As part of the GDPR regulations, We do not and will not sell or pass your details to any third party without your permission aside from the following: by purchasing from us you accept and allow us to use the details you provide to process & complete your order which may include passing details to shippers, couriers, transport companies or any other third party associated with the supply chain or any other part of the transaction including payment. Should you wish for your account to be removed please contact us in writing by email.

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Orders/Purchases from the UK/European Union will attract 20% VAT onto the price shown where applicable. EU customers who are registered for VAT and who supply a valid vat number that is traceable on the EU vat number validation website can be zero rated. For any orders placed from outside the EU we initially charge VAT and then refund the VAT once a certified bill of lading detailing/shipping paperwork as detailed as satisfactory for such purposes on the UK government website is received which must also contain our invoice details.

 

Orders placed on our website, via telephone, email or in person using Credit/Debit card will result in your Credit/Debit card details being taken by our payment gateway providers, WorldPay or CardNet. We use WorldPay & CardNet to ensure we are PCI compliant and that your details are secure. We reserve the right to change payment gateway providers without notice.

We will endeavour where possible to verify the accuracy of any information on the site but we can make no guarantee of any sort regarding the availability and contents of the website or that it will be timely or error-free or that any defects will be corrected. We also cannot guarantee that the supplier of any website services we may use is free of viruses/bugs or represents the full functionality, accuracy & reliability of the website.

We will not be held liable in any way for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings) or loss of goodwill or reputation; or consequential, special or indirect losses suffered or incurred by any party arising from/or in connection with these terms and conditions whether directly or indirectly. You agree to fully indemnify us and defend and hold us harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) we incur arising directly or indirectly as a result of your breach of these terms and conditions.

 

Contacting Us: If you need to contact us then please use the contact details on this website.

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